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Omar Rashid Nzai & Alexander Odhiambo Oloo v. Republic

(2014) JELR 96387 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2013  •  13 Mar 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellants, Omar Rashid Nzai and Alexander Odhiambo Oloo were jointly charged with the offence of robbery with violence contrary to section 292(2) of the Penal Code. The particulars of the charge were that:

“On the 1st day of June, 2005 at Ganahola Village Mikindani Changamwe in Mombasa District within the Coast Province, jointly with another not before court while armed with a dangerous weapon namely knife robbed Beatrice Mungai Okoth of Motorolla mobile phone valued at Kshs.9,000/= and cash Kshs.600/= and at or immediately before or immediately after the time of such robbery used actual violence to the said Beatrice Mungai Okoth.”

The case proceeded for hearing before T. Mwangi, the then Senior Resident Magistrate Mombasa who on 16th October, 2008 found the two appellants guilty of the charge and sentenced them to death as prescribed by law. The appellants were dissatisfied with the conviction and sentence and filed Criminal Appeal Nos. 284 and 285 of 2008 at …

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